In response to Apple’s (successful) request to see a bunch of Samsung’s latest wares, the Koreans asked to see the iPhone 5 and iPad 3. It seemed like a fairly outrageous request, and indeed it has now officially been rejected by Judge Lucy Koh.
Koh didn’t rule from the bench at last Friday’s hearing, as Apple made some last-minute changes to its complaint. Essentially it was more strongly worded, and extended to include more of Samsung’s arsenal.
Instead, Koh responded with an 11-page document. And while it’s good news for Apple in the sense that it doesn’t have to hand over the iPad 3 or iPhone 5, Koh suggests that a preliminary injunction request from Apple might not necessarily be approved.
A key passage reads: “Samsung is free to argue, for instance, that there is little likelihood of confusion because consumers will not encounter its products side-by-side with the iPhone 4 or iPad 2, but rather with Apple's next generation iPhone and iPad.
“Similarly, as to proximity, Samsung is free to argue that because the iPhone 4 and iPad 2 will soon be outmoded and reduced in price, they are not being sold (or very soon will not be sold) to the same class of purchasers who are likely to buy new Samsung products. By choosing to allege infringement only of its current products, Apple opens itself up to these arguments.”
As always, for an awesomely thorough dissection of the latest developments, head over to FOSS Patents.